South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

Thursday, May 31, 2001

(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, it is well, along the way, to hear St. Paul's words to his young colleague, Timothy. Hear Second Timothy, Chapter 2:15 (RSV):

"Do your best to present yourself to God as one approved, a workman who has not need to be ashamed..."
Let us pray.

Our Father, even as the iron ore is taken out of the bowels of the earth by skill and sweat and engineering knowledge and becomes the powerful steel girders that support and sustain the great skyscrapers, even so we must make full use of our talents and abilities which You have given us. You are the architect. We are the builders. Help us to understand Your plans for us.

Today will never come again!

Help us to make the most of it!
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 28, 1998, and to expire July 28, 2001

On motion of Senator RITCHIE, at 11:05 A.M., Senator HAWKINS was granted a leave of absence for today.

Expression of Personal Interest

Senator ALEXANDER rose for an Expression of Personal Interest.

Service Pins

In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, and Senator DRUMMOND, PRESIDENT Pro Tempore Emeritus, presented a certificate and awarded a service pin to the following Senator for his years of state service:

Senator John Land 30 years

In addition, Senators McCONNELL and DRUMMOND presented certificates and awarded service pins to the following Senate staff for their respective years of state service:

Susan Edwards 20 years

Brenda Hart 20 years

Cynthia Wood 20 years

Erin Crawford 10 years

Wilhelmina Davis 10 years

Gale Kennedy 10 years

All were highly commended for their years of devoted and loyal service.

RECALLED AND AMENDED

H. 3030 (Word version) -- Reps. Harvin, Littlejohn, Clyburn and McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".

Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators McCONNELL and RANKIN proposed the following amendment (JUD3030.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 32, by striking SECTION 1 in its entirety and inserting therein the following:

"Section 1-1-707. (A) The South Carolina Hall of Fame located in the Myrtle Beach Convention Center, operated by South Carolina Hall of Fame, Inc., an eleemosynary corporation certified by the Secretary of State on June 1, 1963, is the official state Hall of Fame. The official designation is an honorary designation and does not bind the State in any way.

(B) The official designation does not create a new state agency or educational institution or qualify the South Carolina Hall of Fame for state funds.

(C) The official designation does not confer any liability upon the State.

(D) The official designation does not sanction by the State any activity, philosophy, or course of action conducted, published, or undertaken by the Hall of Fame." /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

The Bill was ordered placed on the Calendar as amended.

H. 3030--Objection

Senator RANKIN asked unanimous consent to give the Bill a second and third reading on the next two consecutive days.

Senator JACKSON objected.

RECALLED

H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.

Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 723 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO COMMEND CADET FREDERIC MARCINAK III OF WALHALLA FOR HIS OUTSTANDING ACADEMIC RECORD AND ACHIEVEMENTS AS A MEMBER OF THE SOUTH CAROLINA CORPS OF CADETS, AND TO CONGRATULATE HIM ON BECOMING THE CITADEL'S TOP GRADUATE IN THE CLASS OF 2001.
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The Senate Resolution was adopted.

S. 724 (Word version) -- Senators Verdin and O'Dell: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF HOUSTON CRAWFORD OF LAURENS COUNTY UPON HIS DEATH AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
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The Senate Resolution was adopted.

S. 725 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-35 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 2002 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO REPEAL SECTION 2-1-25 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO ADD SECTION 2-1-75 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO REPEAL SECTION 2-1-65 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO AMEND SECTION 7-19-40, AS AMENDED, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 2000; AND TO JOINTLY DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE APPROPRIATE OFFICIALS OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 726 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and, on motion of Senator HUTTO, with unanimous consent, ordered placed on the Calendar without reference.

S. 726--Ordered to a Second Reading

On motion of Senator HUTTO, with unanimous consent, S.726 was ordered to receive a second reading on Friday, June 1, 2001.

S. 727 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

Recalled

On motion of Senator ANDERSON, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

On motion of Senator ANDERSON, with unanimous consent, the Bill was placed on the Local and Uncontested Calendar.

H. 3867 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Campsen, Scarborough and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195, SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.

Read the first time and, on motion of Senator WILSON, with unanimous consent, ordered placed on the Calendar without reference.

H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTEE INVESTMENT ACT; TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; AND TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT.

Read the first time and, on motion of Senator HAYES, with unanimous consent, ordered placed on the Calendar without reference.

H. 4060 (Word version) -- Reps. Limehouse, Harrell, Ott, Owens, Scarborough and D.C. Smith: A BILL TO AMEND SECTION 50-5-1705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM FIVE FISH IN POSSESSION PER DAY TO ONE FISH IN POSSESSION PER DAY; AND TO AMEND SECTION 50-5-1710, RELATING TO SIZE LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE MINIMUM SIZE LIMIT FOR RED DRUM FROM FOURTEEN INCHES TO SEVENTEEN INCHES AND PROVIDE THAT IT IS UNLAWFUL TO TAKE RED DRUM OF LESS THAN SEVENTEEN INCHES IN TOTAL LENGTH, OR MORE THAN TWENTY-SEVEN INCHES IN TOTAL LENGTH.

Read the first time and, on motion of Senator RAVENEL, with unanimous consent, ordered placed on the Calendar without reference.

H. 4184 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2601, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4185 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2600, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4202 (Word version) -- Reps. Askins, Coates, J. Hines, M. Hines and McGee: A BILL TO AUTHORIZE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS, TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS, AND TO MAKE THE ABOVE PROVISIONS RETROACTIVE TO JULY 1, 2000.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4214 (Word version) -- Rep. Battle: A BILL TO AUTHORIZE THE MARION COUNTY BOARD OF EDUCATION TO CONSOLIDATE MARION COUNTY SCHOOL DISTRICTS THREE AND FOUR, TO PROVIDE THAT THE CONSOLIDATED DISTRICT MAY BE KNOWN AS "MARION COUNTY SCHOOL DISTRICT SEVEN", AND TO PROVIDE FOR THE BOARD OF TRUSTEES OF SUCH CONSOLIDATED SCHOOL DISTRICT.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4216 (Word version) -- Rep. Scarborough: A CONCURRENT RESOLUTION TO CONGRATULATE THE JAMES ISLAND CHRISTIAN SCHOOL LIONS BOYS SOCCER TEAM ON THEIR 8-1 VICTORY OVER BYRNES ACADEMY TO CAPTURE THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS A-AA STATE SOCCER CHAMPIONSHIP AND TO COMMEND THEM FOR AN OUTSTANDING SEASON.

H. 4219 (Word version) -- Reps. Owens, A. Young, Chellis, Harvin and Law: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED LEADERS, JAMES WOODROW BILTON, SR., OF ST. GEORGE, AND TO EXTEND THEIR SINCERE GRATITUDE FOR HIS LONGSTANDING FRIENDSHIP AND MEANINGFUL CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

S. 674 (Word version) -- Senators Wilson, Grooms, Hawkins, Rankin and Passailaigue: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NON-FRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NON-FRANCHISE AUTOMOBILE DEALERS.

H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3319 (Word version) -- Reps. Sandifer, Allison, Barrett, Cato, Chellis, Cooper, Davenport, Edge, Emory, Fleming, Gilham, Harrison, Harvin, Keegan, Kelley, Kirsh, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Martin, McCraw, Meacham-Richardson, Moody-Lawrence, J.M. Neal, Neilson, Perry, Phillips, Quinn, Rodgers, Simrill, J.E. Smith, J.R. Smith, Stille, Talley, Thompson, Trotter, Walker, A. Young, White and Robinson: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONALS AND OCCUPATIONS, BY ADDING CHAPTER 8 SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CEMETERY COMPANIES AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 55 OF TITLE 39 RELATING TO CEMETERIES.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

H. 3653 (Word version) -- Reps. Campsen and Harrison: A BILL TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3718 (Word version) -- Reps. Kelley, Allison, Barfield, Barrett, Edge, Frye, Keegan, Kirsh, Knotts, Koon, Leach, Loftis, Riser, Robinson, Sandifer, Snow, Trotter, Vaughn, Walker, Webb, Whatley, White, A. Young, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT PARTICIPANTS IN THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM.

Ordered for consideration tomorrow.

Senator J. VERNE from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3731 (Word version) -- Reps. Cato, Chellis, Allen, Bales, Barfield, Barrett, Battle, J. Brown, Carnell, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Easterday, Freeman, Harrison, Hinson, Huggins, Klauber, Leach, Lee, Littlejohn, Loftis, Lucas, Mack, McCraw, Miller, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Sandifer, Simrill, Snow, Taylor, Vaughn, Webb, Whatley and Wilkins: A BILL TO AMEND SECTION 40-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR CONDUCTING EXAMINATIONS FOR LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS SO AS TO REVISE TIME FRAMES FOR PROVIDING NOTICE OF EXAMINATION DATES AND FOR SUBMITTING APPLICATIONS FOR EXAMINATION, TO REVISE REFERENCES TO THE TYPE OF EXAMINATIONS TO BE GIVEN, AND TO AUTHORIZE THE BOARD TO ENGAGE THIRD PARTIES TO ASSIST WITH ADMINISTRATIVE RESPONSIBILITIES FOR ADMINISTERING EXAMINATIONS; AND TO AMEND SECTION 40-2-550, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REVISE A REFERENCE TO WRITTEN EXAMINATIONS.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary polled out H. 3946 favorable with amendment:

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

On motion of Senator WALDREP, with unanimous consent, the Senate agreed to adopt the committee amendment on Friday, June 1, 2001.

On motion of Senator WALDREP, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading, carrying over all amendments to third reading.

H. 3946--Ordered to a Third Reading

On motion of Senator WALDREP, with unanimous consent, H. 3946 was ordered to receive a third reading on Friday, June 1, 2001.

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

H. 4022 (Word version) -- Reps. Martin and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT, LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE OF EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS DURING THIS PERIOD.

Ordered for consideration tomorrow.

CONCURRENCE

S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

NONCONCURRENCE

S. 63 (Word version) -- Senators Mescher, Grooms, McGill, Richardson, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.

The House returned the Bill with amendments.

On motion of Senator MESCHER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE

S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3837 (Word version) -- Reps. J.R. Smith, Clyburn, Sharpe and D.C. Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

SECOND READING BILLS

The following Bills, having been read the second time, were ordered placed on the third reading Calendar:

S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.

S. 634--Ordered to a Third Reading

On motion of Senator WILSON, with unanimous consent, S. 634 was ordered to receive a third reading on Friday, June 1, 2001.

S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

S. 718--Ordered to a Third Reading

On motion of Senator LEATHERMAN, with unanimous consent, S. 718 was ordered to receive a third reading on Friday, June 1, 2001.

H. 3996 (Word version) -- Reps. Edge, Harrison and Jennings: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.

By prior motion of Senator RANKIN, with unanimous consent

COMMITTTEE AMENDMENT AMENDED AND ADOPTED READ THE SECOND TIME

S. 617 (Word version) -- Senators Martin, Thomas and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 56 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT" AND PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO USE WHEN VERIFYING COMPLIANCE WITH MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS, TO PROVIDE THE DIVISION OF MOTOR VEHICLES MUST CONTRACT WITH A DESIGNATED AGENT TO COMPILE THE NECESSARY INFORMATION FOR THE DATABASE FROM INSURERS' INFORMATION; AND TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF DATA BY THE DEPARTMENT OF PUBLIC SAFETY BY THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senator WILSON proposed the following amendment (617R001.AGW), which was adopted:

Amend the committee amendment, as and if amended, by striking the amendment in its entirety and inserting:

/ SECTION 1. Chapter 10, Title 56 of the 1976 Code is amended by adding:

"Article 7

Motorist Insurance Database

Section 56-10-610. This article may be cited as the 'Motorist Insurance Database Program Act'.

Section 56-10-620. As used in this article, unless the context otherwise requires:

(1) 'Contractor' means designated agent or the party with which the division contracts pursuant to Section 56-10-640.

(4) 'Designated agent' means contractor or the party with which the division contracts pursuant to Section 56-10-640.

(5) 'Division' means the Division of Motor Vehicles in the Department of Public Safety.

(6) 'Program' means the motorist insurance database program created in Section 56-10-640.

Section 56-10-630. (1) The General Assembly finds that the purpose of this article is to help reduce the uninsured motorist population in this State and to measure the effectiveness of the motorist insurance database established pursuant to this article.

(2) The General Assembly further recognizes that the information and data required to be disclosed by insurers in creating and maintaining the motorist insurance database is proprietary in nature. Accordingly, the parties handling this information and data must at all times maintain its confidential and proprietary nature.

(3) The motorist insurance database program is created for the purpose of establishing a database to use when verifying compliance with the motor vehicle financial security requirements in this chapter.

Section 56-10-640. (A)(1) The motorist insurance database program shall be administered by the division. Pursuant to the South Carolina Consolidated Procurement Code, the division shall contract with a contractor who shall provide a system of transmitting data from insurance companies. The division must solicit and receive at least two bids on the contract before awarding the contract.

(2) After a contract has been entered into with a contractor, the department shall convene a working group chaired by the director of the division or his designee for the purpose of facilitating the implementation of the program, assisting in development of regulations, and coordinating a testing phase, and necessary changes identified in this testing phase, as prescribed by the working group. The working group shall consist of five representatives of the insurance industry appointed by the Director of the Department of Insurance, the Director of the Department of Insurance, or his designee, the Director of the Department of Public Safety, or his designee, the contractor, and a representative of the division.

(B) The contractor shall develop, in a manner prescribed by the department, a system to allow the transmission of data from insurance companies to the division.

(C) The department, with input from the Department of Insurance, shall promulgate regulations for administering and enforcing this article. The regulations shall specify the requirements that are necessary and appropriate for commercial lines of insurance, as defined in Title 38, which shall be developed with input by the Department of Insurance.

Section 56-10-650. (A) If the comparison indicates that a motor vehicle is not insured, the division shall notify the owner of the motor vehicle that he has forty-five days to provide the division with one of the following, or the owner's license plates will be subject to suspension:

(1) proof of complying coverage in accordance with Section 56-10-10 or 56-10-220, or of self-insurance in accordance with Section 56-9-60; or

(2) proof of exemption from the financial security requirements.

(B) A letter from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of financial responsibility for purposes of this section. This letter may be mailed to the division.

(C) The provisions of this section take effect no later than one hundred eighty days after certification by the department as provided in Section 10.

Section 56-10-660. (A) The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported insurance coverage upon request by the following individuals and agencies only:

(1) the individual;

(2) the parent or legal guardian of an individual who is an unemancipated minor;

(3) the legal guardian of an individual who is legally incapacitated;

(4) any person who has power of attorney from the individual;

(5) any person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;

(6) any person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;

(7) the office of the state auditor, for the purpose of conducting any audit authorized by law;

(8) any state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or

(9) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse.

(B) The funds collected from this fee described by subsection (A) shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.

(C) The State is not liable to any person for gathering, managing, or using information in the database pursuant to this article.

(D) No insurer is liable to any person for performing its duties under this article unless, and to the extent, the insurer commits a wilful and wanton act or omission.

(E) Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the division, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to this subsection shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.

Section 56-10-670. This article shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements of this chapter."

SECTION 2. Section 56-10-553 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"Section 56-10-553. (A) The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the Department of Insurance from the uninsured motorist fee during the fiscal year.

(B)The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.

(C)The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.

(D) The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subsections (A) and (B) of this section."

SECTION 3. Section 56-10-225 of the 1976 Code, as added by Act 154 of 1997 and amended by Act 100, Part II, Section 103 B of 1999, is further amended to read:

"Section 56-10-225. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.

(B) The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times and it must be displayed upon demand of a police officer or any other person duly authorized by law.

(C) A person who fails to maintain the proof of insurance in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof to the court that the motor vehicle was insured at the time of the violation to the court within seven days of being charged with a violation of the provision contained in subsection (A)on the date of the stop. Upon notice of conviction, the department shall suspend the owner's driver's license until satisfactory proof of insurance is provided. If at any time the department determines that the vehicle was without insurance coverage, the owner's registration and driving privileges will be suspended pursuant to Section 56-10-520.A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.

(D)The penalties provided in subsection (C) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."

SECTION 4. Section 56-10-520 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"Section 56-10-520. A person who owns an uninsured motor vehicle:

(1) licensed in the State; or

(2) subject to registration in the State;

who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, shall beis guilty of a misdemeanor.

A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, shall beis guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days; for a second offense be fined two hundred dollars or imprisoned for thirty days, or both; or for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section. The director or his designee, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to submit the certificate of insurance provided for by Section 56-10-510. The refusal or neglect of the owner who has not, before the date of operation, paid the uninsured motor vehicle fee required by Section 56-10-510 as to such motor vehicle, to furnish such certificate must be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation. A person who presents or causes to be presented to the director a false certificate that a motor vehicle is an insured motor vehicle or false evidence that a motor vehicle sought to be registered is an insured motor vehicle, is guilty of a misdemeanor, and, upon conviction, must be fined pursuant to Section 56-10-260.

However, the foregoing portions of this section must not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-10-245 must be applicable.

Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the director as prescribed by Section 56-9-330. The director shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of anotice of a violation of any provisions of this section, and hethe director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-10-510 and furnishes proof of future financial responsibility as prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the date of the suspension herein requiredproof was required, the director may relieve suchthe person of the requirement of furnishing proof of future financial responsibility. When suchthe suspension results from a conviction for presenting or causing to be presented to the director a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of suchthe person so convicted for a period of one hundred eighty days from the date of suchthe order of suspension, and only then when all other provisions of law have been complied with by suchthe person. The director shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of anotice of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license until thirty days from the date of suchthe order of suspension."

SECTION 5. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210. Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them.(A) Unless the purchaser of a motor vehicle has transferred a license plate pursuant to Section 56-3-1290 or has a license plate to transfer to a newly purchased vehicle, a dealer of new or used motor vehicles must issue to the purchaser at the time of sale of a motor vehicle a temporary license plate that must contain the dealer's name, location, and the expiration date of the period within which the purchaser is required to register the motor vehicle pursuant to subsection (C) of this section. The expiration date may not extend past forty-five days from the date of purchase. A bill of sale must be maintained in the vehicle at all times to verify the date of purchase to law enforcement. A law enforcement officer has the right to stop a vehicle with a temporary license plate and check the vehicle's bill of sale. The bill of sale must provide a description of the vehicle, the names and addresses of the sellers and purchasers, and the date of sale. The temporary license plate must be made of materials as prescribed by the department. The expiration date must be printed on the temporary license plate in indelible black ink. A dealer who issues a temporary plate or allows a temporary plate to be used in violation of the section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(B)If a person obtains a motor vehicle from a party other than a dealer, the person must:

(1)transfer a license plate from another vehicle pursuant to Section 56-3-1290;

(2)purchase a new license plate and registration; or

(3)purchase a temporary license plate before operating the vehicle on the highway during the forty-five-day period prescribed in this section. The department must insert clearly and indelibly on the face of the temporary license plate the date of issuance, the date of expiration, the make, and identification number of the motor vehicle for which it is issued and other information the department may require. A bill of sale must be maintained in the vehicle at all times to verify the date of purchase to law enforcement. The bill of sale must provide a description of the vehicle, the name(s) and address(es) of the seller(s) and purchaser(s) and the date of sale. The expiration date may not extend past forty-five days from the date of purchase. The department shall charge a fee of seven dollars for the temporary license plate which shall be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles.

(C)If a person intends to transfer a license plate from another vehicle, he may place the plate to be transferred on the newly acquired vehicle on the date of purchase. The bill of sale and the registration corresponding to the license plate must be maintained in the newly acquired vehicle at all times to verify the date of purchase to law enforcement. The person must complete the transfer to obtain a new registration card with the DMV within forty-five days from date of purchase. A person must replace a temporary license plate issued pursuant to subsection (A) or (B) with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of purchase. An owner of a vehicle registered in another state or country being moved into this State has forty-five days in which to register and license it pursuant to Section 56-3-110. A person who operates a motor vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no more than one hundred dollars; for a second offense be fined no more than two hundred dollars; or for a third or subsequent offense be fined no more than three hundred dollars."

SECTION 6. Section 56-10-40 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the director or his designee in lieu of such insurance shall immediately notify the department in a manner prescribed by regulation of the lapse or termination of any such insurance or security during the immediately preceding month.issued to or provided for a resident of this State in the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

This notification must be in writing or magnetic media in a manner considered satisfactory to the department.The insurer must also give notice as prescribed by regulation of all policies written for the first time, renewals of all policies, and cancellations of all policies. Insurers with one thousand or fewer policies shall be permitted to report in a manner acceptable to the working group as identified in Section 56-10-640(A)(2). Upon receipt of any such notice the department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."

SECTION 7. Section 56-10-240 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days After the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the departmentprescribed by the working group identified in Section 56-10-640(A)(2), within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, bydelivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellationall cancellations or refusalrefusals to renew.under the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance, provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

The insurer must also give notice in a manner prescribed by regulation of all policies written for the first time and all renewals of policies. Insurers with one thousand or fewer policies shall be permitted to report in a manner acceptable to the working group as identified in Section 56-10-640(A)(2).

(B) The department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation,of or refusal to renew, new policies written, and renewals to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue office in the county where the person who surrenders the plates resides.

(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall onlynot be charged a reinstatement fee of five dollars.

(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
(F)

SECTION 8. Section 56-10-270 of the 1976 Code is repealed. SECTION 9. Section 56-3-220 of the 1976 Code is repealed. SECTION 10. This act takes effect July 1, 2001; provided, however, that Sections 6 and 7 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department.

Renumber sections to conform.

Amend title to conform.

Senator WILSON explained the amendment.

The amendment was adopted.

The Committee on Transportation proposed the following amendment (SKB\18595SOM01), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ Part I

Motorist Insurance Database

SECTION 1. Chapter 10, Title 56 of the 1976 Code is amended by adding:

"Article 7

Motorist Insurance Database

Section 56-10-610. This article may be cited as the 'Motorist Insurance Database Program Act'.

Section 56-10-620. As used in this article, unless the context otherwise requires:

(1) 'Contractor' means designated agent or the party with which the division contracts pursuant to Section 56-10-640.

(4) 'Division' means the Division of Motor Vehicles in the Department of Public Safety.

(5) 'Program' means the motorist insurance database program created in Section 56-10-640.

Section 56-10-630. (1) The General Assembly finds that the purpose of this article is to help reduce the uninsured motorist population in this State and to measure the effectiveness of the motorist insurance database established pursuant to this article.

(2) The General Assembly further recognizes that the information and data required to be disclosed by insurers in creating and maintaining the motorist insurance database is proprietary in nature. Accordingly, the parties handling this information and data must at all times maintain its confidential and proprietary nature.

(3) The motorist insurance database program is created for the purpose of establishing a database to use when verifying compliance with the motor vehicle financial security requirements in this chapter.

Section 56-10-640. (A)(1) The motorist insurance database program shall be administered by the division. Pursuant to the South Carolina Consolidated Procurement Code, the division shall contract with a contractor who shall provide a system of transmitting data from insurance companies. The division must solicit and receive at least two bids on the contract before awarding the contract.

(2) After a contract has been entered into with a contractor, the department shall convene a working group chaired by the director of the division or his designee for the purpose of facilitating the implementation of the program, assisting in development of regulations, and coordinating a testing phase, and necessary changes identified in this testing phase, as prescribed by the working group. The working group shall consist of five representatives of the insurance industry appointed by the Director of the Department of Insurance, the director of the Department of Insurance, or his designee, the Director of the Department of Public Safety, or his designee, the contractor, and a representative of the division.

(B) The contractor shall develop, in a manner prescribed by the department, a system to allow the transmission of data from insurance companies to the division.

(C) The department, with input from the Department of Insurance, shall promulgate regulations for administering and enforcing this article. The regulations shall specify the requirements that are necessary and appropriate for commercial lines of insurance, as defined in Title 38, which shall be developed with input by the Department of Insurance.

Section 56-10-650. (A) If the comparison indicates that a motor vehicle is not insured, the division shall notify the owner of the motor vehicle that he has forty-five days to provide the division with one of the following, or the owner's license plates will be subject to suspension:

(1) proof of complying coverage in accordance with Section 56-10-10 or 56-10-220, or of self-insurance in accordance with Section 56-9-60; or

(2) proof of exemption from the financial security requirements.

(B) A letter from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of financial responsibility for purposes of this section. This letter may be mailed to the division.

(C) The provisions of this section take effect no later than one hundred eighty days after certification by the department as provided in Section 10.

Section 56-10-660. (A) The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported insurance coverage upon request by the following individuals and agencies only:

(1) the individual;

(2) the parent or legal guardian of an individual who is an unemancipated minor;

(3) the legal guardian of an individual who is legally incapacitated;

(4) any person who has power of attorney from the individual;

(5) any person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;

(6) any person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;

(7) the office of the state auditor, for the purpose of conducting any audit authorized by law;

(8) any state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or

(9) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse.

(B) The funds collected from this fee described by subsection (A) shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.

(C) The State is not liable to any person for gathering, managing, or using information in the database pursuant to this article.

(D) No insurer is liable to any person for performing its duties under this article unless, and to the extent, the insurer commits a wilful and wanton act or omission.

(E) Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the division, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to this subsection shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.

Section 56-10-670. This article shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements of this chapter."

SECTION 2. Section 56-10-553 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"Section 56-10-553. (A) The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the Department of Insurance from the uninsured motorist fee during the fiscal year.

(B)The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.

(C)The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.

(D) The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subsections (A) and (B) of this section."

Part II

Uninsured Motorists

SECTION 3. Section 56-10-225 of the 1976 Code, as added by Act 154 of 1997 and amended by Act 100, Part II, Section 103 B of 1999, is further amended to read:

"Section 56-10-225. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.

(B) The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times and it must be displayed upon demand of a police officer or any other person duly authorized by law.

(C) A person who fails to maintain the proof of insurance in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof to the court that the motor vehicle was insured at the time of the violation to the court within seven days of being charged with a violation of the provision contained in subsection (A)on the date of the stop. Upon notice of conviction, the department shall suspend the owner's driver's license until satisfactory proof of insurance is provided. If at any time the department determines that the vehicle was without insurance coverage, the owner's registration and driving privileges will be suspended pursuant to Section 56-10-520.A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.

(D)The penalties provided in subsection (C) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."

SECTION 4. Section 56-10-520 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"Section 56-10-520. A person who owns an uninsured motor vehicle:

(1) licensed in the State; or

(2) subject to registration in the State;

who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, shall beis guilty of a misdemeanor.

A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, shall beis guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days; for a second offense be fined two hundred dollars or imprisoned for thirty days, or both; or for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section. The director or his designee, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to submit the certificate of insurance provided for by Section 56-10-510. The refusal or neglect of the owner who has not, before the date of operation, paid the uninsured motor vehicle fee required by Section 56-10-510 as to such motor vehicle, to furnish such certificate must be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation. A person who presents or causes to be presented to the director a false certificate that a motor vehicle is an insured motor vehicle or false evidence that a motor vehicle sought to be registered is an insured motor vehicle, is guilty of a misdemeanor, and, upon conviction, must be fined pursuant to Section 56-10-260.

However, the foregoing portions of this section must not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-10-245 must be applicable.

Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the director as prescribed by Section 56-9-330. The director shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of anotice of a violation of any provisions of this section, and hethe director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-10-510 and furnishes proof of future financial responsibility as prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the date of the suspension herein requiredproof was required, the director may relieve suchthe person of the requirement of furnishing proof of future financial responsibility. When suchthe suspension results from a conviction for presenting or causing to be presented to the director a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of suchthe person so convicted for a period of one hundred eighty days from the date of suchthe order of suspension, and only then when all other provisions of law have been complied with by suchthe person. The director shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of anotice of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license until thirty days from the date of suchthe order of suspension."

SECTION 5. Section 56-10-270 of the 1976 Code is repealed.

Part III

Temporary Tags

SECTION 6. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210. Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them.(A) Unless the purchaser of a motor vehicle has transferred a license plate pursuant to Section 56-3-1290 or has a license plate to transfer to a newly purchased vehicle, a dealer of new or used motor vehicles must issue to the purchaser at the time of sale of a motor vehicle a temporary license plate that must contain the dealer's name, location, and the expiration date of the period within which the purchaser is required to register the motor vehicle pursuant to subsection (C) of this section. The expiration date may not extend past forty-five days from the date of purchase. A bill of sale must be maintained in the vehicle at all times to verify the date of purchase to law enforcement. A law enforcement officer has the right to stop a vehicle with a temporary license plate and check the vehicle's bill of sale. The bill of sale must provide a description of the vehicle, the names and addresses of the sellers and purchasers, and the date of sale. The temporary license plate must be made of materials as prescribed by the department. The expiration date must be printed on the temporary license plate in indelible black ink. A dealer who issues a temporary plate or allows a temporary plate to be used in violation of the section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(B)If a person obtains a motor vehicle from a party other than a dealer, the person must:

(1)transfer a license plate from another vehicle pursuant to Section 56-3-1290;

(2)purchase a new license plate and registration; or

(3)purchase a temporary license plate before operating the vehicle on the highway during the forty-five-day period prescribed in this section. The department must insert clearly and indelibly on the face of the temporary license plate the date of issuance, the date of expiration, the make, and identification number of the motor vehicle for which it is issued and other information the department may require. A bill of sale must be maintained in the vehicle at all times to verify the date of purchase to law enforcement. The bill of sale must provide a description of the vehicle, the name(s) and address(es) of the seller(s) and purchaser(s) and the date of sale. The expiration date may not extend past forty-five days from the date of purchase. The department shall charge a fee of seven dollars for the temporary license plate which shall be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles.

(C)If a person intends to transfer a license plate from another vehicle, he may place the plate to be transferred on the newly acquired vehicle on the date of purchase. The bill of sale and the registration corresponding to the license plate must be maintained in the newly acquired vehicle at all times to verify the date of purchase to law enforcement. The person must complete the transfer to obtain a new registration card with the DMV within forty-five days from date of purchase. A person must replace a temporary license plate issued pursuant to subsection (A) or (B) with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of purchase. An owner of a vehicle registered in another state or country being moved into this State has forty-five days in which to register and license it pursuant to Section 56-3-110. A person who operates a motor vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no more than one hundred dollars; for a second offense be fined no more than two hundred dollars; or for a third or subsequent offense be fined no more than three hundred dollars."

SECTION 7. Section 56-3-220 of the 1976 Code is repealed.

Part IV

Notification by Insurer

SECTION 8. Section 56-10-40 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the director or his designee in lieu of such insurance shall immediately notify the department in a manner prescribed by regulation of the lapse or termination of any such insurance or security during the immediately preceding month.issued to or provided for a resident of this State in the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

This notification must be in writing or magnetic media in a manner considered satisfactory to the department.The insurer must also give notice as prescribed by regulation of all policies written for the first time, renewals of all policies, and cancellations of all policies. Insurers with one thousand or fewer policies shall be permitted to report in a manner acceptable to the working group as identified in Section 56-10-640(A)(2). Upon receipt of any such notice the department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."

SECTION 9. Section 56-10-240 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days After the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the departmentprescribed by the working group identified in Section 56-10-640(A)(2), within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, bydelivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellationall cancellations or refusalrefusals to renew.under the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance, provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

The insurer must also give notice in a manner prescribed by regulation of all policies written for the first time and all renewals of policies. Insurers with one thousand or fewer policies shall be permitted to report in a manner acceptable to the working group as identified in Section 56-10-640(A)(2).

(B) The department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation,of or refusal to renew, new policies written, and renewals to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue office in the county where the person who surrenders the plates resides.

(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall onlynot be charged a reinstatement fee of five dollars.

(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

Part V

Effective Date

SECTION 10. This act takes effect July 1, 2001; provided, however, that Sections 8 and 9 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department. /

Renumber sections to conform.

Amend title to conform.

Senator WILSON explained the committee amendment.

The committee amendment was adopted, as amended.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 617--Ordered to a Third Reading

On motion of Senator WILSON, with unanimous consent, S. 617 was ordered to receive a third reading on Friday, June 1, 2001.

AMENDED, READ THE SECOND TIME

S. 701 (Word version) -- Senators Thomas and Alexander: A JOINT RESOLUTION TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

Senator HUTTO proposed the following amendment (JUD0701.001), which was adopted:

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement the provisions of Section 56-5-2934 as contained in SECTION 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to Chapter 5 of Title 56 of the 1976 Code, until the time the General Assembly is adequately able to fund the program or by December 31, 2002, whichever first occurs. Provided, however, by December 31, 2002, the State Law Enforcement Division must have at least three state employees trained and prepared for the purpose of appearing in court and testifying on the maintenance of breath testing devices and the administration of breath testing pursuant to Chapter 5, Title 56 of the 1976 Code.

SECTION 2. This joint resolution takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.

S. 701--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 701 was ordered to receive a third reading on Friday, June 1, 2001.

AMENDED, READ THE SECOND TIME

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators RAVENEL, GREGORY and DRUMMOND proposed the following amendment (SWB\5409DJC01), which was adopted:

Amend the bill, as and if amended, by adding after SECTION 1 the following six new sections appropriately numbered to read:

/ SECTION ( ). Section 50-5-1910(A) of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"(A) Except as otherwise provided, no person sixteen years of age or older may engage in fishing for recreation in South Carolina salt waters seaward of the dividing lines between salt water and freshwater without:

SECTION ( ). Section 50-5-1920 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"Section 50-5-1920. The following licenses must be made available throughout this State by the department or its authorized agents for issuance or sale and are issued for the time prescribed in Section 50-9-20:

(1) saltwater recreational fisheries license for residents and nonresidents. The annual fee for the issuance of the license is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;

(2) public fishing pier license. The annual fee for the issuance of the license is one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length; and

(3) charter vessel license. The annual fee for the issuance of the license is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.(A)For the privilege of fishing for recreation in the saltwaters of this State:

(1)a resident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for five dollars;

(2)a nonresident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for eleven dollars.

(C)The agent who issues any license provided in (A) or (B) may retain one dollar for each license issued, and the balance must be paid to the department.

(D)For the privileges afforded a person holding a temporary fisheries license, such person need not first acquire an annual saltwater recreational fisheries license.

(E)For the privilege of operating a public fishing pier in the saltwaters of this State the owner or operator must purchase an annual saltwater public fishing pier license for one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length.

(F)For the privilege of operating a charter fishing vessel in the saltwaters of this State the owner or operator must purchase an annual charter fishing vessel license for one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. Provided, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.

(G)The licenses must be made available throughout this State by the department or its authorized agents and must be issued for the time prescribed in Section 50-9-20."

SECTION ( ) Section 50-5-1930 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"Section 50-5-1930. If a coastal state which has or establishes a saltwater recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina saltwater recreational fisheries license within its boundaries, South Carolina must recognize the validity of a corresponding stamp, license, or permit held on his person by residents of that state."

SECTION ( ) Section 50-5-1935 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"Section 50-5-1935. The department may produce stamps as commemorative or collectors items which must be sold for not less than five dollars and fifty cents. The stamp does not authorize recreational fishing. The proceeds must be retained by the department."

SECTION ( ) Section 50-5-1940 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1940. The department shallmay create and design the stamp and license and develop saltwater recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, licenses, prints, and related articles."

SECTION ( ) Section 50-5-1950(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:

(1) one member of the Board of the Department of Natural Resources to serve ex officio;

(2) two at-large members appointed by the Governor; and

(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of Beaufort, Charleston, Colleton, Georgetown, Horry, and Jasper, Dorchester, and Berkeley Counties." /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

Senator RICHARDSON proposed the following amendment (3361R001.SHR), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/ SECTION ___. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1340. It is unlawful to set or use a trap or basket commonly known as a 'crab pot' to catch crab for commercial purposes within Little Chechessee Creek in Beaufort County. Individuals may set two crab pots to catch crab for personal consumption and not for sale. " /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3361--Ordered to a Third Reading

On motion of Senator RICHARDSON, with unanimous consent, H. 3361 was ordered to receive a third reading on Friday, June 1, 2001.

AMENDMENT PROPOSED, CARRIED OVER

H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator McGILL proposed the following amendment (3175R001.JYM):

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/ SECTION ____. The first unnumbered paragraph of Section 9-9-110 of the 1976 Code is amended to read:

"Should anyIf a beneficiary returnreturns to the service of the State, whether as a member of the General Assembly or otherwise, histhe retirement allowance shall ceaseceases and any optional election shall be null andoption elected is void. However, if a beneficiary under the system established by this chapter returns to serve as a member of the General Assembly and at the time of return has attained the age of seventy years and six months and had at least twenty years of service at the time of retirement, the beneficiary may continue to receive the benefit while serving in the General Assembly. In this event the member shall not be entitled to receive any compensation or per diem for serving in the General Assembly but is entitled to mileage subsistence, and district allowances."/

Renumber sections to conform.

Amend title to conform.

On motion of Senator SETZLER, the Bill was carried over.

POINT OF ORDER

H. 4163 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon and Quinn: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON COUNTY TO OBSERVE ALL LEGAL STATE HOLIDAYS BY CLOSING SCHOOLS AND SCHOOL DISTRICT OFFICES ON THESE HOLIDAYS.

Senator LEVENTIS raised a Point of Order that the Bill was improperly on the Local and Uncontested Calendar insofar as it affects more than one county and should be considered a Statewide Bill. Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

ACTING PRESIDENT PRESIDES

At 12:45 P.M., Senator COURSON assumed the Chair.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of Amendment No. 1 (RESMIN583-01FC.TLM) proposed by Senator MOORE and previously printed in the Journal of May 30, 2001.

Senator MOORE was recognized.

On motion of Senator LEATHERMAN, debate was interrupted by adjournment, with Senator MOORE retaining the floor.

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 28, 1998, and to expire July 28, 2001

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Wendal Jenkins, former Chief of Police of the City of Pickens, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, June 1, 2001, it stand adjourned to meet next Monday, June 4, 2001, at 2:00 P.M., which motion was adopted.

ADJOURNMENT

At 12:50 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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